Help with response to establishment of child support

[ajs09876]

There's something in there that reminds me of biting on tinfoil.

Why? What am I doing that bothers you so much? Have I offended you in some way?

 

[Astrolink]

I don't make a lot of money. Less than him, actually.

Out of curiosity, do you get subsidized daycare or state paid medical insurance? If so, then if he were to be ordered to pay daycare or medical, his share would go to the state as far as I know. That was my experience as a former NCP in MN.

I looked up the income formula for subsidized daycare qualification in MN, which is 67% of the MN median earnings, which is $32,224 from what I could tell (.67 X $48,097, the median income in MN with 1 earner). Since your ex makes around $27K and you make less, it appears you would qualify. I'm not an expert nor an attorney, just someone with decent research skills. I would go by any response that CSO286 makes since they work in the field, if they do comment on this post.

 

[CSO286]

Thank you very much for in depth info. I really do appreciate it. Please don't see my asking questions as a disagreement with your advice, just as me trying to understand. While I agree that the amount is not going to win the "child support lotto" I have to say that using his last years numbers puts him making exactly half of what he actually makes. It's also what puts him in the reserve. All I want is for him to either A. show how much he's actually making so that the child support numbers are fair or B. At least have to pay some amount of child support because he's not technically eligible to use the self support reserve. I don't care which one. I'd even agree to the amount of child support being based on his last years numbers as long as it wasn't reserved because he does indeed have the ability to pay. He may not want to, but he has the ability.

He will be ordered to pay some amount of child support. Just not the amount you feel he ought to pay. Honestly, this is the right thing that the county is doing: Going by the most current information available.
If you want to argue it should be different or if you can prove he's been working under the table for John Smith, then, by all means bring your PROOF to the hearing and argue your point then.
You cannot pick and choose which period of time to go by. If your ex goes back to work for more money after the order is issued, AND you can prove his income is higher, then you can always ask for a modification.
But I still stand by my previous statement.

I guess the thought of the reserve is what irks me the most. Just because he chose to work for cash for the last year, not report his current income, not file taxes for the last four years etc. He essentially gets to tell me financial responsibility of our children, "not his problem" I don't make a lot of money. Less than him, actually. I don't get a "reserve". I don't get to tell my landlord, my gas company, my daycare that paying them will put me below the self support reserve so I'm just not going to pay it. Sorry kids, you can't eat today. That'll put me under the guidelines. It's frustrating and I just want it to be close to fair. That's all. I'm not looking to screw him or looking to win the "child support lotto". I just want him to have some sort of financial responsibility to our kids. Not have everything reserved so he can feel justified not paying for our kids.

Then you don't understand what "Reserved" means. You will still be getting your child support.

Are you providing daycare? Are you on child care assistance?
Are you providing insurance for the children? Are you on MinnesotaCare or Medical Assistance (MA)?

I guess when I came here, all I was looking for was a form. Not to be questioned on my motives. I'm sure you all have seen lots of people come through here thinking they won the lottery with their child support. I assure you that is not me. I am also sure you all have helped thousands of dads who's child support is actually too high and they literally can't pay it. I assure you that is not him.

I'm not questioning your motives, but I'd really like you to examine them. You are not with this man for a reason. The county cannot make a person become a ten when they haven't been and they will not request a child support obligation be set higher than the provable income allows.

Thanks again to everyone for your help. Thanks again to everyone who gave me links and tried to help me find the form. I think I'm going to use a form that they have and change the format so it fits the response I need to send. CSO is right that I should follow the advice of the attorney I talked to. However, when the attorney tells me to file a specific form, gives me the website for that form and It's not there, that's when I turned to you all for help.

I really do appreciate they attempts to help. I'll let you all know how it goes after court.

Right now, there is no form available for what you think you are trying to do right now. Your recourse is to appear at the hearing with your argument and your supporting evidence and make your case to the magistrate.

 

[ajs09876]

Update and question

So, went to the hearing in October. Got the child support set up. Still no payment.

Here is my question. When do the consequences start coming in for not paying. I have been in contact with CSE every month and nothing seems to change. He has moved three times, changed jobs twice. At the hearing, they said that automatic license suspension happened at three months of no payment. That hasn't happened yet. They also said at six months of no payment we would head to court for contempt. I just spoke with my case worker and she always says, next month we'll do blah blah blah. Then the next month happens and it's once again, next month we'll do blah blah blah. Never any forward movement. I finally got his address and where he's working and gave it all to child support enforcement and still nothing. What can I do to get this moving along? Do I have to wait for the county to take him to court (which always seems to be next month, next month) or should I be doing something myself? If I do something myself does that mean that the county will no longer handle my case? I don't want that, but I do want them to start the garnishments now that I know where he's working.

 

[CSO286]

So, went to the hearing in October. Got the child support set up. Still no payment.

Here is my question. When do the consequences start coming in for not paying. I have been in contact with CSE every month and nothing seems to change. He has moved three times, changed jobs twice. At the hearing, they said that automatic license suspension happened at three months of no payment. That hasn't happened yet.

Has he made any payments? Even partial payments? That prevents DLS from getting triggered. Now, her eis the exact process for DLS suspension:
1. Case has had no payments in the prior three months AND has a balance due of at least $500.
2. Case gets selected, notices goes out to NCP. By MN law, the license does not get suspended for 100 days from the date of that notice.
3. After the 100 day mark, over the next enforcement processing weekend, CSED sends a request to DPS.
4. DPS sends a notice advising the NCP that the license will be suspended within 14 days.

They also said at six months of no payment we would head to court for contempt. I just spoke with my case worker and she always says, next month we'll do blah blah blah. Then the next month happens and it's once again, next month we'll do blah blah blah. Never any forward movement.

At the six month mark, the ace is eligible (under most MN county policies) to be evaluated and possibly referred for contempt action. That means that the workers look at the case and try and decide if initiating a contempt action would result in payments. If he isn't working, it not likely that the contempt action would generate payments and so the case would not be referred for further action.

I finally got his address and where he's working and gave it all to child support enforcement and still nothing.

What are you expecting them to do with the address? They most likely updated their system and are waiting for a postal verification to come back. They cannot refer for contempt without a valid address, too.

What can I do to get this moving along? Do I have to wait for the county to take him to court (which always seems to be next month, next month) or should I be doing something myself? If I do something myself does that mean that the county will no longer handle my case? I don't want that, but I do want them to start the garnishments now that I know where he's working.

Did you tell the county worker where he is working at?Once csed has updated that info AND verified employment AND sent out the income withholding notice, the employer has 21 days to implement the withholding. So, it could take up to 30 days or so to get payments on a case.
You certainly have the right to file contempt on your own, forms can be found at www.mncourts.gov. The courts probably aren't going to do anything unless you can prove willful failure to pay. Beyond that, I've seen them order the NCP to begin the review process to lower the support obligation.

 

[ajs09876]

Has he made any payments? Even partial payments? That prevents DLS from getting triggered. Now, her eis the exact process for DLS suspension:
1. Case has had no payments in the prior three months AND has a balance due of at least $500.
2. Case gets selected, notices goes out to NCP. By MN law, the license does not get suspended for 100 days from the date of that notice.
3. After the 100 day mark, over the next enforcement processing weekend, CSED sends a request to DPS.
4. DPS sends a notice advising the NCP that the license will be suspended within 14 days.




At the six month mark, the ace is eligible (under most MN county policies) to be evaluated and possibly referred for contempt action. That means that the workers look at the case and try and decide if initiating a contempt action would result in payments. If he isn't working, it not likely that the contempt action would generate payments and so the case would not be referred for further action.


What are you expecting them to do with the address? They most likely updated their system and are waiting for a postal verification to come back. They cannot refer for contempt without a valid address, too.




Did you tell the county worker where he is working at?Once csed has updated that info AND verified employment AND sent out the income withholding notice, the employer has 21 days to implement the withholding. So, it could take up to 30 days or so to get payments on a case.
You certainly have the right to file contempt on your own, forms can be found at www.mncourts.gov. The courts probably aren't going to do anything unless you can prove willful failure to pay. Beyond that, I've seen them order the NCP to begin the review process to lower the support obligation.

Thank you! This is exactly the info I was looking for. Yes, this is willful failure to pay. If we go through the process to review he'll actually end up owing me more because his new job he makes quite a bit more money. I'm not asking for that. I want him to pay what we agreed on in court in October! He has made no payment. As soon as the order was put in, he quit his job and went to work at another. Then came the process of dodging any phone call or letter that was sent to him. He never updated his address, never updated where he is working. He has worked this whole time and he finally slipped up and told me where, so I went straight to child support with that. So, the place he's working has 21 days to respond to her letter, so I'm thinking I will hear from her soon and at least get a payment or 2 out of him before he decides to take off again. Thank you for explaining the driver's license thing. That explains why it is still taking so long. You have been a big help. I would call and ask my worker, but I don't want to bother her so she starts putting me at the bottom of the pile. LOL.